This terms of Use Policy / Agreement specifies certain actions prohibited by
Dynamic Hosting for users of the Dynamic Hosting Network. Dynamic Hosting reserves
the right to modify this Policy at any time. By using Dynamic Hosting services,
a customer unconditionally accepts the terms of this policy.
AGREEMENT:
THIS AGREEMENT is made and entered between Dynamic Hosting of Sydney, Nova
Scotia, hereinafter referred to as Dynamic Hosting and the Customer, who wishes
to use the services of Dynamic Hosting in accordance with Dynamic Hosting's
standard application.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants
hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service Dynamic Hosting, Dynamic
Hosting provides dedicated server computers which are integrated into the Internet.
These server computers shall send and receive information in relationship to
the World Wide Web. Customer wishes to connect to the World Wide Web utilizing
the hardware and software resources of Dynamic Hosting to establish an Internet
web presence on one of Dynamic Hosting's server computers.
2. CONDITIONS: The application and this Agreement constitute a binding contract
between Dynamic Hosting and the Customer and does not extend to any other person
or entity. Customer may resell to third parties but is responsible for third
party activities and content, and is bound by the terms under this Agreement.
Cancellations after the application is received and web space is set-up will
still hold the Customer responsible for costs incurred by Dynamic Hosting concerning
the set-up of the web space and the first quarter billing. In addition, any
web site created and/or maintained (these are site completely constructed by
Dynamic Hosting) by Dynamic Hosting shall remain the sole property of Dynamic
Hosting and may not be used in any manner without the written consent of Dynamic
Hosting.
3. WARRANTIES: With respect to the service to be provided herein, the Customer
acknowledges that Dynamic Hosting makes absolutely no warranties whatsoever,
express or implied. As a result, the Customer agrees that Dynamic Hosting shall
not be liable to the Customer for any claims or damages which may be suffered
by the Customer, including, but not limited to, losses or damages resulting
from the loss of data as the result of (but not limited to) delays, non-deliveries,
or service interruptions. No oral advice or written information given by Dynamic
Hosting, its employees, licensers of the like, will create a warranty; nor may
you rely on any such information or advice.
4. INFORMATION: The utilization of any data or information received by the
Customer from the utilization of the service to be provided by Dynamic Hosting
is at the Customer's sole and absolute risk. Dynamic Hosting specifically disclaims
and denies any responsibility for the completeness, accuracy or quality of information
obtained through the services to be provided hereby.
5. DOMAIN NAME: If Dynamic Hosting shall acquire an Internet Domain Name on
behalf of the Customer, then in such case the Customer hereby waives any and
all claims which it may have against Dynamic Hosting, for any loss, damage,
claim or expense arising out of or in relation to the registration of such Domain
Name in any on-line or off-line network directories, membership lists or registration
lists, or the release of the Domain Name from such directories or lists following
the termination of the providing of this service by Dynamic Hosting for any
reason.
6. PAYMENT: The set-up fee and first payment are due at the time the application
is filled out, and returned to Dynamic Hosting. Subsequent payments are due
according to the selected fee schedule following the establishment of the web
space on the Internet. Web space will be billed a minimum of one (1) month
in
advance depending on the selected fee schedule. Subsequent payments are due
on the 5th day of each month as per the selected fee schedule. In the event
that the Customer fails to pay for such services in advance, Dynamic Hosting
shall be entitled to unilaterally terminate this Agreement and discontinue
the
service until payment is made. All cancellations must be sent in writing via
e-mail or certified mail at least 30 days prior to the anniversary of your
account. All credit card transactions will appear as "Norex Productions". Should
any credit card chargebacks occur which are the fault of the client and of
which DynamicHosting.Biz was not advised a $50
Service Charge will apply due to the time consuming process credit card
chargebacks cause.
7. UNILATERAL SERVICE REVOCATION: In the event that Dynamic Hosting may at
any time believe that the service is being utilized for unlawful purposes by
the Customer or in contravention with the terms and provisions herewith, Dynamic
Hosting may immediately discontinue such service to the Customer without liability.
Dynamic Hosting strictly prohibits any of the following, as stated in sections
07a, 07b, 07c, 07d, 07e and 07f of this Agreement, in combination or sole action
and is in direct violation of this Agreement. Dynamic Hosting has the right
to immediately terminate all services in the event of a violation of the Terms
of Use policy. Dynamic Hosting has
the right to immediately terminate all services, without any due refunds for
any reason at any time or reject any offer of hosting for any reason, at any
time and without prior notice. Dynamic Hosting has the right to immediately
terminate all services, without any due refunds, and collect any damages caused
as a result of any violations, as indicated in this Agreement including but
not limited to the following:
(a). Transmitting directly or indirectly any single or mass quantity of unsolicited
electronic mail (email) through Dynamic Hosting or any network or references
Subscriber's account.
(b). Transmitting any electronic mail (email) or data which is deceptive or
misleading, illegal, or misrepresents products or services for sale, through
Dynamic Hosting or any network or references Subscriber's account.
(c). Transmitting any electronic mail (email) which contains forged source
or "From" identification in any header(s) whatsoever through Dynamic
Hosting or any network or references Subscriber's account. All electronic mail
(email) transmitted whether through Dynamic Hosting or any network or references
Subscriber's account must contain Subscriber's authorized, valid, and reachable
electronic mail (email) address as provided by Dynamic Hosting or any network
for which Subscriber is an authorized user thereof. In the event that service
disruptions occur on Dynamic Hosting, including but not limited to internet
connectivity interruptions, Subscriber must refrain from transmitting any electronic
mail (email) which contains any and all electronic mail (email) address as provided
by Dynamic Hosting, whether through Dynamic Hosting or any network or references
Subscriber's account.
(d). Accessing or transmitting any electronic mail (email) through any SMTP
port (email server) of Dynamic Hosting or any network for which Subscriber is
not authorized to have direct or indirect access.
(e). Multiple and/or simultaneous SMTP port (email server) access through Dynamic
Hosting is strictly prohibited. Dynamic Hosting allows only one (1) SMTP port
connection at any time, unless explicit written provision has been made by Dynamic
Hosting to Subscriber.
(f). Although Dynamic Hosting offers unlimited POP, Alias and Autoresponding
e-mail accounts, this is not allowed to be used for commercial purposes such
as @yahoo.com, @hotmail.com, etc. An account holder may have as many e-mail
accounts as they want but 'free' e-mail accounts to the public is not allowed.
In other words if an account holder wanted to offer an e-mail address to all
500 of their employees and 100 family members and friends that would be acceptable.
However, if that same account holder offered e-mail account(s) to the general
public, be they 'free' or 'for sale', this would be a violation of this Agreement.
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless Dynamic
Hosting from any and all loss, cost, expense, and damages on account of any
and all manner of claims, demands, actions, and proceedings that may be initiated
against Dynamic Hosting on the grounds that the web space content violates any
copyright, proprietary right of any person, state and federal regulations, or
contains any matter that is libelous or scandalous.
9. CHANGES IN TERMS OF AGREEMENT: Dynamic Hosting reserves the right to make
changes to the terms and conditions of this Agreement at any time. All changes
in this Agreement will be posted on-line via the Dynamic Hosting website. It
is the sole responsibility of the Customer to keep informed of such changes
by reading the Agreement located at http://www.dynamichosting.biz/company/terms.php
Changes in service fees being effective only at the end of any period for which
the Customer has prepaid. Utilization of the service by the Customer following
the effective date of such change shall constitute acceptance by the Customer
of such change(s). Dynamic Hosting may also refuse to offer service without
notice to any present or future persons/company that currently has or applies
for a server account. This also includes if Dynamic Hosting feel the site inappropriate
due to, but not limited to, nudity, profanity, violation of the Acceptable Use
Policy or general misuses of the server assigned at the time agreement is entered
into or for any reason discontinues to offer services.
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application
for web space constitute the entire agreement between the parties, and represent
the complete and entire understanding of the parties with respect to the subject
matter of this Agreement.
11. GOVERNING LAW: This Agreement shall be governed by the laws of the Province
of Nova Scotia in Canada. In the event that any term or provision of this instrument
is held by a court of competent jurisdiction to be unenforceable, then the remaining
provisions of this instrument and the agreement which it evidences, shall remain
in full force and effect. Customer agrees to submit to the jurisdiction of the
applicable Province or Federal Court , Nova Scotia for any litigation, mediation,
or arbitration, which may arise from any dispute concerning any of the provisions
herein. Controlling law shall be that of the Province of Nova Scotia. The prevailing
party in any litigation hereunder shall be entitled to recover its reasonable
attorneys fees and court costs.
12. CANCELLATION: Transferring your domain to another provider does not constitute
canceling your Dynamic Hosting account. You must notify Dynamic Hosting to formally
cancel your account to avoid further charges. This is done by email to:accounts@dynamichosting.biz
.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby,
and in consideration of the covenants and agreements contained herein, do hereby
execute this instrument, with each party warranting their ability to enter into
this agreement for the person or entity herein named as a party hereto.
* Dynamic Hosting's Server Does Not Allow Sending of Unsolicited Email (SPAM)
First offense will result in immediate termination of account. If this occurs
the unused portion of your account will not be refunded.
* Dynamic Hosting reserves the right to cancel your service with NO refunds
should either of the above occur.
AUP:
ILLEGAL USE.
The Dynamic Hosting Network may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation of any applicable law or
regulation is prohibited. This includes, without limitation, material protected
by copyright, trademark, trade secret or other intellectual property rights
used without proper authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws.
SYSTEM AND NETWORK SECURITY.
Violations of system or network security are prohibited, and may result in
criminal and civil liability. Dynamic Hosting will investigate incidents involving
such violations and may involve and cooperate with law enforcement authorities
if a criminal violation is suspected. Examples of system or network security
violations include, without limitation, the following:
* Unauthorized access to or use of data, systems or networks, including any
attempt to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without express authorization of
the owner of the system or network.
* Unauthorized monitoring of data or traffic on any network or system without
express authorization of the owner of the system or network. Interference with
service to any user, host or network including, without limitation, mailbombing,
flooding, deliberate attempts to overload a system and broadcast attacks.
* Forging of any TCP-IP packet header or any part of the header information
in an email or a newsgroup posting. Electronic forging of any kind.
EMAIL.
Sending unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is explicitly prohibited. A user
shall not use another site's mail server to relay mail without the express
permission of the site owner. A customer must inform DynamicHosting.Biz in
advance of any solicited e-mail runs in excess of 200 messages. Should
a customer violate these terms a refund for pre-paid services will not be issued
in any
case. Any credit balance up to $200 will be used to off-set the time required
to clean our SMTP Server Queues.
USENET.
Posting the same or similar message to one or more newsgroups (excessive cross-posting
or multiple-posting, also known as "SPAM") is expressly prohibited. A fee of $5 per SPAM e-mail will be billed to violators.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS
BY A THIRD PARTY ON BEHALF OF AN Dynamic Hosting CUSTOMER OR A CUSTOMER'S END
USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
For Example:
If you are hosting a bulk email site on Dynamic Hosting Internet servers and
you use another ISP to SPAM from in order to reference your Dynamic Hosting
site by IP address or domain name, you are violating Dynamic Hosting policy.
Complaints regarding illegal Use or System or Network Security issues should
be sent to admin@dynamichosting.biz
Complaints regarding email abuse should be sent to admin@dynamichosting.biz
Complaints regarding USENET abuse or SPAM should be sent to admin@dynamichosting.biz.
Dynamic Hosting will also not tolerate any adult material or spamming and both
infringements shall result in immediate termination and removal of the site
and/or virtual server without a refund. Dynamic Hosting prides itself on being
a responsible member of the Internet community and is committed to providing
quality service for all customers all of the time.
INTERACTION WITH Dynamic Hosting STAFF.
Any vulgar language or harassment to any staff member of Dynamic Hosting through
phone or email will result in immediate termination of account without refund.
